The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-11

nuIleu oy the congress of the United
States on the 18th day of February,
1887, but, on the contrary, that even if
the said act of Congress was and is
valid ana binding, nevertheless the
/ same did not igo into force and take
effect until the third day of March, A.
D., 1887.
And defendant further AYERS that
prior to February %, 1887, it had as
such corporation, as it lawfully might
by the powers granted to it by its acts
of Incorporation, acquired and held
from time to time certain per-
sonal property, goods and chat
tells, all of which it had acquired,
held and used solely and ealy
for charitable and religious purposes:
That on the 18th day of February, AID.
1887, 1T still held and owned certain
personal property, goods and chattels
donated to 1t by the members of said
Church and friends thereof, solely and
only for use and distribution for chari-
table and religious purposes: That
defendant at all times from the time of
It's creation as a corporation up to
February IS, 1887, held whatever per-
sonal property belonged to it, not in
Its corporate name, but in the name of
a Trustee-in-TruSt: That on Febru-
airy IS, 1887, John Taylor, who then
held all the personal property, moneys,
stocks and bonds belonging to said de-
| PENDANT corporation, as Trustee-in-
Trust for said defendant, by and with
the consent and approval of defendant.
donated, transferred and conveyed all
OF said personal property, moneys,
stocks and bonds held by him belong
| lag to said defendant corporation
after setting apart and reserVing Ger
| foi 81 hi
him, sufficient in AMOUNT and necessary
Indebtedness of said defendant
corporation, - to cerain eccle-
siastical corporations created and
existing under and by virtue of
the laws of the Territory of Utah, to
be devoted by said ecclesiastical cor
| porations solely and only to charitable
and religious uses and purposes: That
said conveyance of said personal prop
erty was made by said Taylor by an
instrument in writing, and that
pursuant to said instrument
in writing said Taylor, as Trust
ee-in-Trust forisaid defendant corpor-
alton, did deliver to the said various
ecclesiastical corporations named in
said instrument in writing the said
personal property in said instrument
mentioned and described; a copy of
which said instrument selling, convey
ing and transferring said personal
property to said ecclesiastical corpOr-
atoms is hereby made part hereof
and attached hereto as Exhibit OH"
Wherefore defendant AYERS that
at the time said act of Congress of
March 3, AID. 1887, went into force and
took effect this defendant corporation
did not own, possess or hold any per-
Senal property other than the mera
furniture, fixtures and Implements Of
and pertaining to its houses Of wor-
ship and parsonage. And said defend
ant corporation here now expressly
and specifically de1ies each and every
averment and allegation of plaintiffs
complaint not hereinabOve admitted.
Wherefore and by reason of the facts
herein set forth SAID defendant cOrpor-
alton prays the Court that the prayer
of plaintiff in its said complaint be de-
MED, and that upon the final hearing
of this case a decree may be rendered
aud entered by this Court in favor of
this defendant corporation, and that
said defendant corporation may be
dismissed hence with its proper costs
and charges in this behalf laid out and
expended.
And defendants will ever pray.
JAMES o. BROADHE
j 4. MCDONALD,
FRANKLIN s. RICHARDS,
LEGRAND YOUNG,
Solicitors for defendant corporation.
IL THE SUPREME COURT OF THE TER
RrToRY OF UTAH. Ne..........
OF............TERM.
In Equity.
United States of America, plain
tiff,
The late corporation of the Church of
Jesus Christ of Latter day Saints,
and John Taylor, late Trustee-in-
TrHst, and MILFORD Woodruff,
Lorenzo Snow, Erastus Snow,
Franklin d. Richards, Brigham
Young, MoseSThatcher, Francis
M. Lyman, john Henry Smith,
George Teasdale, Heber j. Grant
and John w. Taylor, late Assist
ant Trustees-in -Trust of said cor
poration, defendants.
The Joint and several answer of
MILFORD Woodruff, Lorenzo Snow,
Erastus Snow, Franklin D. Richards,
Brigham Young, Moses Thatcher,
Francis NJ. Lyman, John Henry Smith,
George Teasdale, Heber j. Grant and
OOuu w 4oJ4OL W pAGAhSAh y NNG1
plant.
MILFORD Woodruff, Lorenzo Snow,
Erastus Snow franklin D. Richards,
Brigham Young, Moses Thatcher,
Francis NJ Lyman, John Henry Smith,
George Teasdale, Heber j. Grant and
John W. Taylor, made defendants IN
said plaintiffs complaint, now and at
all times hereafter saving and resery-
ing unto themselves Jointly, and ia
each of them seVerally, all benefit And
advantage of exception which can or
may be had or taken to the many er-
rers, uncertainties and other imper-
fections of the plaintiffs bill of COM
plant, Jointly and severally for an
swer thereunto, or to so much or to
such parts thereof as these defend
ants, and each iof them severally, are
advised is material or necessary to an
SWer unto, answering say:
First.-Said defendantSkand each OF
them, except MoHs Thatcher, seyerally
deny that they ever were and each and
all of them severally deny that they
now are Assistant Trustees OF the said
corporation of the Church of Jesus
Christ of Latter day Saints as set
forth and sVerred in plaintiffs COM
0Io;n% Sold dafoudaOtS and each Af